§ 21-2-526 - Trial by jury
               	 		
O.C.G.A.    21-2-526   (2010)
   21-2-526.    Trial by jury 
      (a)  All  issues of a contest shall be fully tried and determined by the court  without the aid and intervention of a jury, unless a litigant to the  contest shall demand a trial by jury at any time prior to the call of  the case; and the court shall determine that it is an issue which under  other laws of this state the litigant is entitled to have tried by a  jury. Upon such determination, a jury shall be impaneled and the cause  shall proceed according to the practice and procedure of the court in  jury cases.
(b)  In a case contesting the  result of a primary or election held in two or more counties, each issue  to be tried by a jury shall be tried by a jury impaneled in the county  where such issue or a part thereof arose. Such jury shall be impaneled  by the superior court of the county in which the jury trial is to be  conducted; such trial shall be presided over by the judge as described  in Code Section 21-2-523; and such trial shall proceed, insofar as  practicable, as though it were being conducted in the county of the  superior court having jurisdiction of the contest.
(c)  In  a case contesting the result of a primary or election held within a  single county, the court may require a jury to return only a special  verdict in the form of a special written finding upon each issue of  fact. In a case contesting the result of a primary or election held in  two or more counties, the court shall require each jury impaneled to  return only a special verdict in the form of a special written finding  upon each issue of fact. In a case where a special verdict is to be  rendered, the court shall submit to the jury written questions  susceptible of categorical or other brief answer or may submit written  forms of the several special findings which might properly be made under  the pleadings and evidence; or it may use such other method of  submitting the issues and requiring the written findings thereon as it  deems most appropriate. The court shall give to the jury such  explanation and instruction concerning the matter thus submitted as may  be necessary to enable the jury to make its findings upon each issue.  If, in so doing, the court omits any issue of fact raised by the  pleadings or by the evidence, each party waives his or her right to a  trial by jury of the issue so omitted unless before the jury retires he  or she demands its submission to the jury. As to an issue omitted  without such demand, the court may make a finding; or, if it fails to do  so, it shall be deemed to have made a finding in accord with the  judgment on the special verdict.